Abstract

The Römer case presented the European Court of Justice with an opportunity to extend its decision from earlier case law, that the prohibition of age discrimination is a specific expression of the general EU law principle of equality, to discrimination on the grounds of sexual orientation. Had the Court done so, this would have strengthened the argument that all grounds on which discrimination is prohibited reflect general principles of EU law, which would give these prohibitions de facto direct effect. However, contrary to the Opinion of the Advocate General, the Court of Justice did not do so and this article argues that its decision was an opportunity missed.